Section R728-409-3 - Definitions(1) Terms used in this rule are defined in Section 53-6-102.(2) In addition: (a) "ALJ" means an administrative law judge who conducts administrative hearings as described in Subsections 53-6-211(3) and 53-6-309(3);(b) "On duty" means that a respondent is:(i) actively engaged in any of the duties of the respondent's employment as a peace officer or dispatcher;(ii) receiving compensation for activities related to the respondent's employment as a peace officer or dispatcher;(iii) on the property of a law enforcement facility, correctional facility or dispatch center;(iv) in a law enforcement vehicle that is located in a public place; or(v) in a public place and is wearing a badge or uniform, authorized by the respondent's employer, that readily identifies the wearer as a peace officer or dispatcher;(c) "Relinquish" means the permanent deprivation of the respondent's certification, to include each peace officer or dispatcher certification, pursuant to Section 53-6-211.5 or 53-6-311, that precludes a respondent from:(i) admission into a training program conducted by the division, or an entity approved by the division; or(ii) reinstatement or restoration of the respondent's certification by the division;(d) "Respondent" means a peace officer or dispatcher against whom the division has initiated an investigation or adjudicative proceeding under Sections 53-6-211 or 53-6-309;(e) "Revocation" means the permanent deprivation of a respondent's certification, to include each peace officer or dispatcher certification, that precludes a respondent from: (i) admission into a training program conducted by the division, or an entity approved by the division; or(ii) reinstatement or restoration of the respondent's certification by the division;(f) "Sexual conduct" means the touching of the anus, buttocks or any part of the genitals of a person, or the touching of the breast of a female, whether or not through clothing, with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant; (g) "Suspension" means the temporary deprivation of a respondent's certification, to include each peace officer or dispatcher certification; and(h) "Traffic offense" means an offense named in the following parts:(i) Title 41, Section 6a, Part 3, Traffic-Control Devices;(ii) Title 41, Section 6a, Part 6, Speed Restrictions;(iii) Title 41, Section 6a, Part 7, Driving on Right Side of Highway and Passing;(iv) Title 41, Section 6a, Part 8, Turning and Signaling for Turns;(v) Title 41, Section 6a, Part 9, Right-of-Way ;(vi) Title 41, Section 6a, Part 10, Pedestrians' Rights and Duties;(vii) Title 41, Section 6a, Part 11, Bicycles, Regulations of Operation;(viii) Title 41, Section 6a, Part 12, Railroad Trains, Railroad Grade Crossings, and Safety Zones;(ix) Title 41, Section 6a, Part 13, School Buses and School Bus Parking Zones;(x) Title 41, Section 6a, Part 14, Stopping, Standing, and Parking;(xi) Title 41, Section 6a, Part 15, Special Vehicles;(xii) Title 41, Section 6a, Part 16, Vehicle Equipment;(xiii) Title 41, Section 6a, Part 17, Miscellaneous Rules; and(xiv) Title 41, Section 6a, Part 18, Motor Vehicle Safety Belt Usage Act.Utah Admin. Code R728-409-3
Amended by Utah State Bulletin Number 2015-2, effective 12/22/2014Amended by Utah State Bulletin Number 2015-23, effective 11/12/2015Amended by Utah State Bulletin Number 2019-14, effective 6/24/2019Amended by Utah State Bulletin Number 2020-03, effective 1/9/2020Amended by Utah State Bulletin Number 2020-17, effective 8/25/2020